Judgements/High Court of Kerala/State of Kerala represented by its Secretary to Government, Department of Finance, Government Secretariat, Thiruvananthapuram v. P.K. SASI Senior Accountant, Treasury, Piravom; Remeshmon Pillai; Prathap Singh; K.T. Sreekumar; Dayanandan M.; Abdul Rasheed A.; Reghunath; B. Gopakumar; N. Surendan; Jayaprakash S.; Reji T. Sen (and other sub-treasury employees) in WA Nos. 996/2009, 1143/2009, 1434/2009, 1438/2009, 1441/2009 and 1471/2009, reviewed by RP Nos. 959/2015, 1007/2015, 1027/2015, 1040/2015, 1046/2015 and 981/2015 across the High Court of Kerala (Ernakulam)

High Court of KeralaDivision Bench2019-12-10Review petitions allowed; judgment recalled; wr...

State of Kerala represented by its Secretary to Government, Department of Finance, Government Secretariat, Thiruvananthapuram v. P.K. SASI Senior Accountant, Treasury, Piravom; Remeshmon Pillai; Prathap Singh; K.T. Sreekumar; Dayanandan M.; Abdul Rasheed A.; Reghunath; B. Gopakumar; N. Surendan; Jayaprakash S.; Reji T. Sen (and other sub-treasury employees) in WA Nos. 996/2009, 1143/2009, 1434/2009, 1438/2009, 1441/2009 and 1471/2009, reviewed by RP Nos. 959/2015, 1007/2015, 1027/2015, 1040/2015, 1046/2015 and 981/2015 across the High Court of Kerala (Ernakulam)

Case / Petition Number:RP.959/2015 in WA 996/2009; RP.1007/2015 in WA 1143/2009; RP.1027/2015 in WA 1471/2009; RP.1040/2015 in WA 1441/2009; RP.1046/2015 in WA 1434/2009; RP.981/2015 in WA 1438/2009

Neutral Citation:

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: S. Manikumar, Chief Justice
A.M. Shaffique, J.
A.K. Jayasankaran Nambiar, J.
Judgment Date: 2019-12-10
Court Decision / Holding: These review petitions are allowed. Judgment dated 16.10.2014 is recalled. Post the writ appeals for hearing along with O.P(KAT) Nos.363/2015, 370/2015, 245/2015 and 263/2015, on 18.12.2019 at 1.45 p.m. The Registry shall post the writ appeals for hearing along with O.P(KAT) Nos.363/2015, 370/2015, 245/2015 and 263/2015, on 18.12.2019 at 1.45 p.m.
Final Disposition: Review petitions allowed; judgment recalled; writ appeals to be heard on 18.12.2019 with related O.P(KAT) matters; the Full Bench may determine the referring question in light of Government actions.

Parties to the Case

Appellants / Petitioners

P.K. SASI, Senior Accountant, Treasury, Piravom
Jose Joseph, Treasurer, Sub Treasury, Moovattupuzha
T.R. Krishna Warriyer, Treasurer, Stamp Depot, Kunnathunadu, Perumbavoor
K.P. Rajendran, Treasurer, Stamp Depot, Ernakulam
Joseph M.R., Treasurer, Addl. Sub Treasury, Ernakulam
R. Chithra, W/o Late K.P. Rajendran
Rejani Rajendran, D/o Late K.P. Rajendran
Remeshmon Pillai, Treasurer, Sub Treasury, Alappuzha
Prathap Singh, Formerly Treasurer, Sub Treasury, Chengannur, Now Treasurer, Sub Treasury, Kayamkulam
K.T. Sreekumar, Formerly Treasurer, Pension Payment Sub Treasury, Ernakulam, Now Treasurer, Sub Treasury, Mattancherry
Dayanandan M., Formerly Senior Accountant, Sub Treasury, Haripad, Now Selection Grade Accountant, Sub Treasury, Mannar
Abdul Rasheed A., Formerly Senior Accountant, District Treasury, Chengannur, Now Junior Superintendent, District Treasury, Alappuzha
Reghunath, Treasurer, Sub Treasury, Haripad, Chengannur District Treasury, Alappuzha
B. Gopakumar (HG), Treasurer, Sub Treasury, Haripad, Chengannur, Alappuzha District
N. Surendaran, Treasurer, Sub Treasury, Chengannur
Jayaprakash S., Senior Accountant, District Treasury, Chengannur
Reji T. Sen, Senior Accountant/Treasurer, Sub-Treasury, Pathanapuram, Kollam

Respondents

State of Kerala represented by its Secretary to Finance Department, Government Secretariat, Thiruvananthapuram
The Director of Treasuries, Thiruvananthapuram
The Accountant General (A&E), Thiruvananthapuram
The Director of Treasuries, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• S.Ganesh
• P.Sreekumar
• P.S.Sidhan
• K.N.Satheesan
• S.P.Aravindakshan Pillay
• S.A.Anand
• Peter Jose Christo
• R.Rajasekharan Pillai
• Sabina Jayan
• N.Santhaa
• Sunil V. Mohammed
• S.P.Aravindakshan Pillay
• S.A.Anand
• Peter Jose Christo
• R.Rajasekharan Pillai
• Sabina Jayan
• N.Santhha
• Sunil V. Mohammed

Counsels for Respondents

• N. Manoj Kumar (Government Pleader)

Case Synopsis & Summary

These petitions arise from six writ appeals (WA Nos. 996/2009, 1143/2009, 1434/2009, 1438/2009, 1441/2009 and 1471/2009) challenging earlier judgments of the Kerala High Court. The Review Petitions (RP Nos. 959/2015, 1007/2015, 1027/2015, 1040/2015, 1046/2015 and 981/2015) were admitted on 10 December 2019. The core issue is whether appointments to the cadre of Treasurer are by transfer or by promotion, a question that arose after the Kerala Administrative Tribunal directed that Treasurers’ appointments be treated as promotions from the Junior Accountant cadre and the Government issued Annexures IV and V in response. The Court notes that Annexures IV–V were later revoked, and that there were benefits conferred to some employees based on those orders. The proceedings discuss the need to recall the 2014 WA judgment (dated 16-10-2014) and to provide a fresh, unified answer through a reference to a Full Bench, taking into account subsequent Government actions. The Court ultimately recalls the 2014 judgment and allows the review petitions, directing that the writ appeals be posted for hearing along with related O.P(KAT) matters on 18.12.2019, effectively reserving to the Full Bench the final resolution of the promotion-vs-transfer question and the extent of any recoveries under the Government orders.

Submissions & Arguments

Contentions of Appellants / Petitioners

The review petitions contend that the 2014 judgment in WA nos. 996/2009 et al. was rendered on a premise affected by subsequent Government orders and KAT directions that treated Treasurers’ appointments as promotions from the Junior Accountant cadre. Since Annexures IV and V were issued in furtherance of those directions and later revoked, the petitioners submit that a recall and a fresh, referable examination is warranted. They argue that the question whether appointment to the cadre of Treasurer is by transfer or by promotion requires authoritative resolution, given the changed circumstances and the need to harmonize Government orders with judicial pronouncements.

Contentions of Respondents

The respondents rely on the principle that a review should not be entertained where government actions have already conferred benefits, citing State of Nagaland v. Toulvi Kibami to suggest caution in reviewing such benefits. They contend the court should not open or revisit settled interlocutory positions where Government orders have already shaped outcomes. They emphasize that the matter would be better resolved by the appropriate Government orders and, if necessary, a reference to a Full Bench, rather than continuing with a review of the 2014 decision.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
State of Nagaland v. Toulvi Kibami	[(2003) 8 SCC 671]	Mentioned Only	Cited by respondents to argue against reviewing benefits conferred by Government orders; the court refers to it but does not adopt its stance as controlling in the present context.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **AND** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019/19TH AGRAHAYANA, 1941** **RP.No.959 OF 2015 IN WA. 996/2009** **AGAINST THE JUDGMENT IN WA 996/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** ## **- REVIEW PETITIONERS/RESPONDENTS1 4 IN W.A:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** - **3 THE JOINT DIRECTOR OF TREASURIES THIRUVANANTHAPURAM.** - **4 THE ACCOUNTANT GENERAL (A & E) ACCOUNTANT GENERAL OFFICE, THIRUVANANTHAPURAM.** ## **BY SR. GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** ## **RESPONDENT/APPELLANTS 1-7 IN WA:** - **1 P.K.SASI SENIOR ACCOUNTANT, TREASURY, PIRAVOM.** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 2 - **2 JOSE JOSEPH TREASURER, SUB TREASURY, MOOVATTUPUZHA.** - **3 T.R. KRISHNA WARRIYER TREASURER, STAMP DEPOT, KUNNATHUNADU, PERUMBAVOOR.** - **4 K.P. RAJENDRAN TREASURER. STAMP DEPOT, ERNAKULAM.** - **5 JOSEPH M.R. TREASURER, ADDL. SUB TREASURY, ERNAKULAM.** - **6 R. CHITHRA W/O. LATE K.P. RAJENDRAN, CHITHRA BHAVAN, KUNNAKERI, THAYKATTUKARA, ALUVA.** - **7 REJANI RAJENDRAN D/O. LATE K.P. RAJENDRAN, CHITHRA BHAVAN, KUNNAHERI, THYKATTUKARA, ALUVA.** **R1 BY ADV. SRI.S.GANESH R1 BY ADV. SRI.P.SREEKUMAR R1 BY ADV. SRI.P.S.SIDHAN R1 BY ADV. SRI.K.N.SATHEESAN** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **and** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** **RP.No.1007 OF 2015 IN WA. 1143/2009** **AGAINST THE JUDGMENT IN WA 1143/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** ## **- REVIEW PETITIONERS/RESPONDENTS 1 3 IN WA:** - **1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** - **3 THE ACCOUNTANT GENERAL (A&E) ACCOUNTANT GENERALS OFFICE, THIRUVANANTHAPURAM.** **BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** ## **- RESPONDENTS/APPELLANTS 1 5:** - **1 REMESHMON PILLAI TREASURER, SUB TREASURY, MANCOMPU, ALAPPUZHA.** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 4 - **2 PRATHAP SINGH FORMERLY TREASURER, SUB TREASURY, CHENGANNUR, NOW WORKING AS TREASURER, SUB TREASURY, KAYAMKULAM.** - **3 K.T.SREEKUMAR FORMERLY TREASURER, PENSION PAYMENT SUB TREASURY, ERNAKULAM, NOW WORKING AS TREASURER, SUB TREASURY, MATTANCHERRY.** - **4 DAYANANDAN.M. FORMERLY SENIOR ACCOUNTANT, SUB TREASURY, HARIPAD, NOW SELECTION GRADE ACCOUNTANT, SUB TREASURY, MANNAR.** - **5 ABDUL RASHEED.A. FORMERLY SENIOR ACCOUNTANT, DISTRICT TREASURY, CHENGANNUR, NOW WORKING AS JUNIOR SUPERINTENDENT, DISTRICT TREASURY, ALAPPUZHA.** - **6 REGHUNATH TREASURER, SUB TREASURY,HARIPAD, CHENGANNUR DISTRICT TREASURY, ALAPPUZHA DISTRICT.** - **7 B.GOPAKUMAR (H.G.) TREASURER, SUB TREASURY, HARIPAD, CHENGANNUR, ALAPPUZHA DISTRICT.** - **8 N.SURENDRAN TREASURER, SUB TREASURY, CHENGANNUR.** - **9 RAMACHANDRAN NAIR.V. SELECTION GRADE ACCOUNTANT, SUB TREASURY, EDATHUVA.** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 5 **10 JAYAPRAKASH.S. SENIOR ACCOUNTANT, DISTRICT TREASURY, CHENGANNUR.** **R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R1 BY ADV. SRI.S.A.ANAND R1 BY ADV. SRI.PETER JOSE CHRISTO R1, R6 BY ADV. SRI.R.RAJASEKHARAN PILLAI R1 BY ADV. SMT.SABINA JAYAN R1 BY ADV. SMT.N.SANTHA** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.959/2015, RP.981/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **and** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** **RP.No.1027 OF 2015 IN WA. 1471/2009** **AGAINST THE JUDGMENT IN WA 1471/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** ## **- REVIEW PETITIONERS/RESPONDENTS 1 3 IN WA:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE ACCOUNTANT GENERAL (A&E) ACCOUNTANT GENERALS OFIFCE, THIRUVANANTHAPURAM.** - **3 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** **BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** ## **RESPONDENTS/APPELLANTS IN W.A:** - **1 BABU K.JACOB SENIOR ACCOUNTANT (HG), SUB TREASURY, ERATTUPETTA, KOTTAYAM-686 121.** 7 _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ **2 B.VIKRAMAN NAIR SENIOR ACCOUNTANT (HG), DISTRICT TREASURY, KOTTAYAM-686 001.** **BY ADV. SRI. SUNIL V. MOHAMMED** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1007/2015, RP.1040/2015, RP.1046/2015, RP.959/2015, RP.981/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **and** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** **RP.No.1040 OF 2015 IN WA. 1441/2009** **AGAINST THE JUDGMENT IN WA 1441/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** ## **- REVIEW PETITIONERS/RESPONDENTS 1 3 IN WA:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE ACCOUNTANT GENERAL (A& E) ACCOUNTANT GENERALS OFFICE, THIRUVANANTHAPURAM.** - **3 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** **BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** ## **RESPONDENTS/APPELLANTS:** - **1 N BALACHANDRAN NAIR SENIOR ACCOUNTANT, SUB-TREASURY, KOTTAYAM - 686 001.** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 9 **2 K.J.JOSEPH SELECTION GRADE ACCOUNTANT, SUB-TREASURY, KARUKACHAL, KOTTAYAM - 686 540.** **BY ADV. SRI. SUNIL V. MOHAMMED** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1007/2015, RP.1027/2015, RP.1046/2015, RP.959/2015, RP.981/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 10 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **and** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941** **RP.No.1046 OF 2015 IN WA. 1434/2009** **AGAINST THE JUDGMENT IN WA 1434/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** **REVIEW PETITIONER/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE ACCOUNTANT GENERAL (A&E) ACCOUNTANT GENERALS OFFICE, THIRUVANANTHAPURAM.** - **3 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** **BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** 11 _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ ## **RESPONDENT/S:** **VINOY LOBO SENIOR ACCOUNTANT, DISTRICT TREASURY, KOLLAM.** **BY ADV. SRI. SUNIL V. MOHAMMED** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.959/2015, RP.981/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **and** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY, THE 10TH DAY OF DECEMBER 2019/19TH AGRAHAYANA, 1941** **RP.No.981 OF 2015 IN WA. 1438/2009** **AGAINST THE JUDGMENT IN WA 1438/2009 DATED 16-10-2014 OF HIGH COURT OF KERALA** ## **- REVIEW PETITIONER/RESPONDENTS 1 3:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.** - **2 THE ACCOUNTANT GENERAL (A & E) ACCOUNTANT GENERALS OFFICE, THIRUVANANTHAPURAM.** - **3 THE DIRECTOR OF TREASURIES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.** ## **BY SR.GOVERNMENT PLEADER SRI. N. MANOJ KUMAR** ## **RESPONDENTS/APPELLANT IN WA:** **REJI T SENIOR ACCOUNTANT/TREASURER, SUB-TREASURY,PATHANAPURAM, KOLLAM - 689 695.** ## **BY ADV. SRI.SUNIL V. MOHAMMED** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.12.2019, ALONG WITH RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.959/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 13 ## O R D E R ## Dated this the 10[th] day of December, 2019 ## A.M. Shaffique, J These review petitions came to be filed seeking review of judgment dated 16.10.2014 in W.A. Nos.996/2009, 1143/2009, 1434/2009, 1438/2009, 1441/2009 and 1471/2009. In fact, while the question has been referred to the Full Bench for an answer, it was brought to our notice that during the pendency of the writ appeals, several orders were passed by the Kerala Administrative Tribunal directing that appointments of persons who are in the cadre of Treasurer have to be treated as promotion from the post of Junior Accountant. The question involved was whether such appointments to the cadre of Treasurer was by transfer or by promotion. It is also brought to our notice that pursuant to direction issued by the Kerala Administrative Tribunal, the Government itself had issued orders, which were produced as Annexures-IV and V in the case in compliance with the orders issued by the Kerala Administrative Tribunal. In the light of the fact that such orders were implemented, reference was not answered and the parties were relegated to approach the Government to obtain necessary orders in the light of Annexures IV and V. _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 14 2. While impugning the aforesaid judgment in the review petition, it is brought to our notice by the learned Government Pleader that subsequent to the decision taken by the Government in this regard, it was noticed that in several departments, such issues had cropped up as a result of which the Government was forced to place reliance on the aforesaid Government Orders as well as the orders passed by the Kerala Administrative Tribunal and therefore, it is thought that the matter requires to be reviewed for an answer to the referred question. 3. The learned counsel appearing for the respondents placed reliance on the judgment of the Apex Court in State of Nagaland v. Toulvi Kibami [(2003) 8 SCC 671] to contend that in so far as most of the petitioners were given the benefit based on the Government orders, it is not appropriate for this court to review the judgment. But it is relevant to note that the question referred was not answered by this Court on the premise that the Government had already issued orders in favour of the employees concerned, based on the orders passed by the Kerala Administrative Tribunal. We are also told that judgments of the Kerala Administrative Tribunal have been challenged by the Government by filing original petitions before this Court, which is also pending. It is true that certain benefits were extended to the writ petitioners based on orders passed by the Government. According to the Government, such orders as Annexures IV and V, which are _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 15 referred to in the impugned judgment, have already been revoked subsequently. 4. Be that as it may, whether the benefit already extended should be recovered or not are all matters which can be considered while answering the reference. Under such circumstances, it is only appropriate that the judgments be reviewed and the order dated 16.10.2014 is recalled. Accordingly, these review petitions are allowed. Judgment dated 16.10.2014 is recalled. Post the writ appeals for hearing along with O.P(KAT) Nos.363/2015, 370/2015, 245/2015 and 263/2015, on 18.12.2019. The Registry shall post the writ appeals for hearing along with O.P(KAT). Nos.363/2015, 370/2015, 245/2015 and 263/2015, on 18.12.2019 at 1.45 p.m. Sd/- S. Manikumar, Chief Justice Sd/A.M. Shaffique, Judge Sd/- A.K. Jayasankaran Nambiar, Judge sou. _**[RP.959/2015, RP.1007/2015, RP.1027/2015, RP.1040/2015, RP.1046/2015, RP.981/2015]**_ 16 ## **APPENDIX** **PETITIONER'S EXHIBITS** **ANNEXURE A1: TRUE COPY OF THE G.O.(RT) NO.7290/2015 FIN. DATED 10.08.2015** // True copy // P.A. To Judge